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<br />b. If the Beneficiary (i) grants forbearance or an extension of time for the payment of any <br />sums secured hereby, (ii) takes other or additional security or the payment of any sums <br />secured hereby, (iii) waives or does not exercise any right granted herein, (iv) releases any <br />part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms, <br />covenants, conditions or agreements of this Deed of Trust, (v) consents to the filing of any <br />map, plat or replat affecting the Security, (vi) consents to the granting of any easement or <br />other right affecting the Security, or (vii) makes or consents to any agreement subordinating <br />the lien hereof, any such act or omission shall not release, discharge, modify, change or affect <br />the original liability under this Deed of Trust, or any other obligation of the Trustor or any <br />subsequent purchaser of the Security or any part thereof, or any maker, co-signer, endorser, <br />surety or guarantor (unless expressly released); nor shall any such act or omission preclude <br />the Beneficiary from exercising any right, power, or privilege herein granted or intended to be <br />granted upon the occurrence of the Event of Default then made or of any subsequent Event of <br />Default, nor, except as otherwise expressly provided in an instrument or instruments executed <br />by the Beneficiary shall the lien of this Deed of Trust be altered thereby. In the event of the <br />sale or transfer by operation of law or otherwise of all or any part of the Property, the <br />Beneficiary, without notice, is hereby authorized and empowered to deal with any such <br />vendee or transferee with reference to the Security (or a part thereof) or the indebtedness <br />secured hereby, or with reference to any of the terms, covenants, conditions or agreements <br />hereof, as fully and to the same extent as it might deal with the Trustor and without in any <br />way releasing or discharging any liabilities, obligations or undertakings of the Trustor. <br /> <br />8. Suits to Protect the Security. The Beneficiary shall have power (upon ninety (90) days <br />notice to the Trustor) to (a) institute and maintain such suits and proceedings as it may deem <br />expedient to prevent any impairment of the Security (and the rights of the Beneficiary as secured <br />by this Deed of Trust) by any acts which may be unlawful or any violation of this Deed of Trust, <br />(b) preserve or protect its interest (as described, in this Deed of Trust) in the Security and in the <br />rents, issues, profits and revenues arising therefrom, and (c) restrain the enforcement of or <br />compliance with any legislation or other governmental enactment, rule or order that may be <br />unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment, <br />rules or order would impair the security thereunder or be prejudicial to the interests of the <br />Beneficiary. <br /> <br />9. Trustee May File Proofs of Claim. In the case of any receivership, insolvency, <br />bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting <br />the Trustor, its creditors or its property, the Beneficiary, to the extent permitted by law, shall be <br />entitled to file such proofs of claims and other documents as may be necessary or advisable in <br />order to have the claims of the Beneficiary allowed in such proceedings for the entire amount <br />due and payable by the Trustor under this Deed of Trust at the date of the institution of such <br />proceedings and for any additional amount which may become due and payable by the Trustor <br />hereunder after such date. <br /> <br />Article VIII. MISCELLANEOUS <br /> <br />1. Amendments. This instrument cannot be waived, changed, discharged or terminated <br />orally, but only by an instrument in writing signed by the party against whom enforcement of <br />any waiver, change, discharge or termination is sought. <br /> <br />City.HO.DOT <br /> <br />Page 12 of 15 <br /> <br />2/8/1 0 <br />